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Couldn't leave her alone

Barry Kelly telephoned, texted and e-mailed a woman he was ordered not to have any communication with, a domestic violence court judge heard Wednesday.

The 50-year-old man pleaded guilty to three counts of breach of probation for contact he had with the woman between Oct. 1 and Dec. 5.

A charge of criminal harassment was withdrawn following his guilty pleas.

Kelly, who has spent two and a half months in custody on the charges, was sentenced to a further 90 days behind bars – time he will serve on weekends.

Defence counsel Ken Walker told Ontario Court Justice Nathalie Gregson that he had received a printout from his client's employer that showed the woman made “numerous, numerous, probably hundreds of calls” to Kelly's company phone during that period of time.

But Kelly “did cross the line,” he conceded. “He breached, no doubt about it.”

The couple has had an on-again, off-again relationship, and attempted to have his probation varied so that they could communicate, but the request was denied, Walker said.

When she imposed sentence, Gregson noted Kelly has prior breaches on his criminal record.

The judge said she understands the woman was contacting him, but that's “no justification” since he is the person bound by the probation order.

Gregson also placed Kelly on probation for 18 months, with conditions that include no communication with the woman.

She warned him that he's not to call, text or e-mail the victim, not even “a wave on the street.”